Guangdong Province, Several Provisions on Strengthening the Administration of the Commencement of Construction Projects

Promulgated: January 25 2006
Applicability: Administration of the commencement of new construction projects and the commencement of the restructuring and extension of construction projects shall comply with these Provisions. Where the provisions of laws and regulations provide otherwise, such provisions shall be observed. The term 'construction projects' refers to all types of housing construction projects; all types of civil engineering projects, including such industrial projects as energy, petrochemical and manufacturing projects, and transport, water conservancy, agricultural, forestry, municipal utilities and environmental protection facilities projects, etc.; installation projects for pipelines, wiring and facilities, and renovation projects (Article 2).

Main contents: Commencement of construction projects shall simultaneously satisfy all the following conditions: (1) expropriation of land has been approved in accordance with the law, and the work unit carrying out the expropriation of land (or demolition and relocation) have signed a compensation and resettlement agreement with the persons whose land is being expropriated (or whose housing is being demolished); (2) all types of compensation payments for expropriation of land (or demolition and relocation) have been granted in full to the persons whose land is being expropriated (or whose housing is being demolished) in accordance with the compensation and resettlement agreement; and (3) the construction project has, in accordance with provisions, completed project examination and approval, check and approval or record filing, examination and approval of planning and land use, environmental impact assessment, examination on preliminary design, invitation for and submission of bids, fulfilled the statutory conditions for commencement of work, and obtained the construction permit or completed the examination and approval procedures for commencement of work (Article 4). Rural collectively-owned economic organizations and individual farmers whose land is being expropriated shall have the right to request for a hearing regarding the proposed compensation and resettlement standards or the resettlement proposal for the expropriation of land (Article 6). Work units that demolish urban housing shall sign the compensation and resettlement agreement regarding the demolition and relocation with the persons who are being relocated after demolition of their housing strictly in accordance with the standard that is not lower than the property market appraisal prices (Article 12).
Related legislation: PRC Land Administration Law (2nd Revision), Aug 28 2004, CLP 2004 No.8 p.12; PRC Construction Law, Nov 1 1997, CLP 1998 No.1 p.6; Regulations for the Administration of the Demolition and Removal of Urban Housing, Jun 13 2001, CLP 2001 No.6 p.20; Regulations for the Administration of the Quality of Construction Works, Jan 30 2000, CLP 2000 No.2 p.5; Guangdong Province, Measures for the Administration of All Types of Compensation Fees for Expropriation of Peasants' Collectively-owned Land and Guangdong Province, Circular on Trial Implementation of an Advance Deposit System for Compensation Payments for Expropriation of Land, 2005